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A look back at the highlights of 2012
- Cobbetts LLP
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- United Kingdom
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- January 21 2013
Since April 2012: Witness statements to be taken as read in the Employment Tribunals; Qualifying period for unfair dismissal claims increased from one
Accumulated warnings leading to dismissal
- Cobbetts LLP
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- United Kingdom
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- December 18 2012
The Employment Appeal Tribunal (“EAT”) has held that tribunals may not look “behind” earlier warnings given when deciding the fairness of a dismissal based on accumulated disciplinary warnings
Facebook dismissal is a warning to employers
- Cobbetts LLP
- -
- United Kingdom
- -
- December 18 2012
The High Court has awarded damages of just £98 to a claimant demoted for expressing his personal views on gay marriage via Facebook
Humble pie
- Cobbetts LLP
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- United Kingdom
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- December 18 2012
A company has been forced to pay out over £59,000 to a claimant who suffered from stress and was dismissed after failing to follow unclear management instructions
Employer obliged to pay legal costs defending alleged criminal offences of former employee
- Cobbetts LLP
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- United Kingdom
- -
- December 18 2012
The Court of Appeal has ruled that an employer was obliged to fund the defence of a former employee against criminal proceedings committed during his employment with the company
TUPE settlements don’t slip up
- Cobbetts LLP
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- United Kingdom
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- November 22 2012
TUPE and compromise agreements have never sat well together and this case highlights the importance of ensuring the agreement is properly drafted
Discrimination and political beliefs
- Cobbetts LLP
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- European Union, United Kingdom
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- November 22 2012
The European Court of Human Rights (ECtHR) has found that the UK is in violation of the European Convention on Human Rights (ECHR) as it does not provide adequate protection to employees who are dismissed on the grounds of their political beliefs
Zero-hours contracts and paid annual leave
- Cobbetts LLP
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- European Union
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- November 22 2012
The European Court of Justice (ECJ) considered whether workers on zero-hours contracts accrue annual leave under EU law
Restrictive covenants: promotion does not make unenforceable covenants enforceable
- Cobbetts LLP
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- United Kingdom
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- October 24 2012
The High Court has held that an unenforceable restrictive covenant cannot subsequently be revived unless that is unequivocally the contractual intention of the parties
Circumstances where employees need not mitigate a loss
- Cobbetts LLP
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- United Kingdom
- -
- October 24 2012
The EAT has upheld the decision of the employment tribunal that employees who were unfairly dismissed on a TUPE transfer had not unreasonably failed to mitigate their loss by rejecting a transferee’s offer of self employment on less favourable terms
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